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his approval, and files such bond in his office, there to remain a matter of record.

DISTRICT ATTORNEYS.

It is the duty of every district attorney to attend the courts of oyer and terminer and jail delivery, and general sessions held from time to time in the county for which he has been appointed; and to conduct all prosecutions for crimes and offences cognisable in such courts. When he fails to attend any of these courts, it is the duty of such court to appoint some proper person, being an attorney or counsellor-at-law, to transact the business of the district attorney during the sitting of the court; and the person so appointed is entitled to the same compensation for the services he performs that the district attorney would have been entitled to for the like services, and his account is audited and paid in the same manner. It is the duty of the several district attorneys to prosecute for all penalties and forfeitures exceeding $50, which may be incurred in their respective counties, and for which no other officer is by law specially directed to prosecute; and whenever he receives any moneys for fines, recognisances, forfeitures, or penalties, to deliver to the officer or person paying the same duplicate receipts, one of which is filed by such officer or person in the office of the county treasurer. Every district attorney, on or before the first Tuesday of October in each year, files in the office of the county treasurer an account in writing, verified by his oath, of all moneys received by him by virtue of his office during the preceding year, and at the same time pays over such moneys to the county treasurer. Whenever a district attorney refuses or neglects to account for and pay over the moneys so re

ceived by him, it is the duty of the county treasurer to cause a suit to be instituted for the recovery of such moneys for the benefit of the county against such district attorney. The district attorney of the city and county of New York receives for his services an annual salary of $12,000, and the district attorneys of all the other counties in the state are paid for their services in conducting criminal prosecutions by their respective counties upon their accounts, duly taxed by some officer authorised to tax bills of costs in the supreme court, according to the rates allowed by law. But the board of supervisors of the several counties, New York excepted, may, at any annual meeting duly convened, lawfully determine that the office of district attorney of such county shall be a salaried office, and fix the amount of compensation; and the salary when so fixed shall not be diminished during the term for which the district attorney has been elected. This salary is a county charge, and is paid by the county treasurer yearly or quarter-yearly, as the board of supervisors may determine, in lieu of the fees provided by law. No district attorney shall act as a justice of the peace. Every salaried district attorney has, within thirty days after the receipt by him of any money for judgments, fees, or costs in suits, brought upon recognisances or otherwise received or collected by him by virtue of his office, to pay over the same, except his taxable disbursements therein, to the treasurer of said county for the use of the county.

It is lawful for the supervisors of any county, having at least a population exceeding 70,000, to authorise the district attorney of such county to appoint a suitable person to be his assistant. Every such appointee must be a counsellor-at-law, and a citizen and resident of the county

in which he is appointed; and his appointment shall be in writing, under the hand and seal of the district attorney, and be filed in the clerk's office of the county. Before entering on the duties of his office, the appointee takes and subscribes the constitutional oath of office. Every such appointment may be revoked by the district attorney making the same, which revocation shall be in writing, and be filed in the said county clerk's office. Such assistant lawfully attends all the criminal courts which may be held in his county, and assists in conducting all prosecutions for crimes and offences cognisable therein; he also attends and appears before any grand jury in his said county, and performs the same duties before such jury as are by law imposed upon or required by the district attorney. The board of supervisors fixes the rate of compensation to be paid him.

The district attorney of any county in which an important criminal action is to be tried, with the approval, in writing, of the county judge of the county, which is filed in the county clerk's office, may employ counsel to assist him in such trial; and the cost and expense thereof, and also the cost and expense of any counsel assigned, designated, or appointed by the governor or attorney-general, at the request of the district attorney, to assist him on the trial of any such action, are certified by the judge presiding on such trial, and are a charge upon the county in which the indictment in the action is found, and shall be assessed, levied, and collected by the board of supervisors at the next annual assessment, levy, and collection of county taxes, after such services have been performed, and thereupon be paid over to the party entitled to the same. The state is in no case liable for any such services.

LEGAL PROCEEDINGS IN FAVOUR OF AND AGAINST COUNTIES.

Whenever any controversy or cause of action exists between any of the counties of the state or between any such county and an individual or individuals, such proceedings are had and are conducted in like manner, and the judgment or decree therein has the like effect, as in other suits or proceedings of a similar kind between individuals and corporations. The county sues, or is sued, in the name of the board of supervisors thereof, except where county officers are authorised by law to sue in their name of office, for the benefit of the county. In all legal proceedings against the board of supervisors the first process, and all other proceedings requiring to be served, are served on the chairman or clerk of the board of supervisors; and whenever any such suit or proceeding is commenced, it is the duty of such chairman or clerk to lay before the board of supervisors at their next meeting a full statement of such suit or proceeding for their direction in regard to the defence thereof. On the trial of every action in which a county is interested, the electors and inhabitants thereof are competent witnesses and jurors. Any action in favour of a county, which, if brought by an individual, could be prosecuted before a justice of the peace, may be prosecuted by such county in like manner before any such justice. In all suits and proceedings prosecuted by or against counties or by or against county officers in their name of office, costs are recoverable as in the like cases between individuals. Judgments recovered against counties or against county officers, in actions prosecuted by or against them in their name of office, are county charges, and, when levied and collected, are paid to the per

son to whom the same have been ad- charged with or convicted of crimes, and committed therefor to the several jails of the county.

judged.

MISCELLANEOUS AND SPECIAL

PROVISIONS.

All town and county officers and all other persons who present to the board of supervisors accounts for their services to be audited and allowed, exhibit, before any such account or claim is passed upon or allowed, a just and true statement in writing of the nature of the service performed; and where a specific compensation is not provided by law, a just and true statement of the time actually and necessarily devoted to the performance of such services.

The following are deemed county charges :

1. The compensation of the members of the board of supervisors, of their clerk, and of the county trea

surer.

2. The fees of the district attorney, and all expenses necessarily incurred by him in criminal cases arising within the county.

3. The accounts of the criers of the several courts within the county, for their attendance in criminal cases.

4. The compensation of sheriffs for the commitment and discharge of prisoners on criminal process within their respective counties.

5. The compensation allowed by law to constables for attending courts of record, and reasonable compensation to constables and other officers for executing process on persons charged with criminal offences; for services and expenses in conveying criminals to jail; for the service of subpœnas issued by any district attorney; and for other services in relation to criminal proceedings for which no specific compensation is prescribed by law.

6. The expenses necessarily incurred in the support of persons

7. The sums required by law to be paid to prosecutors and witnesses in criminal cases.

8. The accounts of the coroners of the county for such services as are not chargeable to the persons employing them.

9. The moneys necessarily expended by any county officer in executing the duties of his office in cases in which no specific compensation for such services is provided by law.

10. The accounts of the county clerks for services and expenses incurred in connection with elections other than for militia and town officers.

11. All charges and accounts for services rendered by any justice of the peace under the laws for the relief and settlement of the poor of such county, and for their services in the examination of felons, not otherwise provided by law.

12. The sums necessarily expended in each county in the support of county poorhouses, and of indigent persons whose support is chargeable to the county.

13. The sums required to pay the bounties allowed by law for the destruction of wolves and other noxious animals and chargeable to the county.

14. The sums necessarily expended in repairing the court-houses and jails of the respective counties.

15. The contingent expenses necessarily incurred for the use and benefit of a county; and

16. Every other sum directed by law to be raised for any county purpose, under the direction of a board of supervisors.

Accounts for county charges of every description are presented to the board of supervisors of the

county to be audited by them; and the moneys necessary to defray these charges of each county are levied on the taxable property in the several towns in such county in the manner prescribed by law. And in order to enable their respective county treasurers to pay such contingent expenses as may become payable from time to time, the boards of supervisors of the several counties annually cause such sum to be raised in advance in their respective counties as they deem necessary for that purpose.

Whenever any person who has contributed to the marine hospital fund, and is not a citizen of the county of Richmond, is charged with having committed any crime or misdemeanour within the jurisdiction of that county, and on the premises called the quarantine ground, or within the limits of buoys designating the place of anchorage for vessels at quarantine, all the expenses and charges actually incurred and paid by the county of Richmond in the apprehension, trial, and maintenance of such persons are repaid to the treasurer of that county by the health commissioner out of the moneys which may from time to time be in his hands for the use of the marine hospital. Such payment is made on the order in writing of the board of supervisors of the county of Richmond, accompanied by a specification of such expenses and charges. The county of acts in conjunction with the county of as a part thereof until the said county of is organised as a separate county, in conformity to the Act entitled "An Act to divide the county of into two counties, and for other purposes," passed 188.

Each officer in the several counties who receives, or is authorised by law to receive, any money on account of any fine or penalty or other matter

in which his county, or any town or city therein, has an interest, makes a report in writing every year, bearing date the first day of November, in which he states particularly the time when, and the name of the person or persons from whom, such money has been received, and also all sums remaining due and unpaid, which report includes all receipts of money before-mentioned that he has received during the year next preceding the date of his report, or states that he has received no such moneys.

This

report is made to the board of supervisors of his county, duly verified by oath, and filed with the clerk of the board on or before the 5th day of November in each year; and no officer is entitled to receive payment for services, salary or otherwise, from the supervisors, or from a city or county treasurer, unless he files with the supervisors his affidavit that he has made such report, and has paid over all moneys which he is bound to pay over. Each officer who has received such moneys shall, within ninety days after the receipt thereof, pay the whole amount so received, without deduction, to the treasurer of the county, who gives to such person duplicate receipts therefor, one of which shall be attached to the annual report to the board of supervisors; but this does not apply to moneys received and specially appropriated for any town or city purpose. District attorneys are required to sue for and recover in behalf of and in the name of their respective counties, moneys received on account of such county, or any city or town therein, and not paid to the county treasurer as stated. All moneys belonging to any town or city in such county which are received by the county treasurer, are distributed to the several towns or cities entitled to the same by resolutions passed by a majority of the board of supervisors

the minutes of the proceedings of said court.

at any legal meeting thereof, which resolutions are entered at length in

TAXATION.

The following property is exempt | pied by him, provided such real and from taxation in the State of New York:

1. All property, real or personal, exempted from taxation by the constitution of the state or under the Constitution of the United States.

2. All lands belonging to the state or the United States.

3. Every building erected for the use of a college, incorporated academy, or other seminary of learning; every building for public worship; every schoolhouse, court-house, and jail; and the several lots whereon such buildings are situated, and the furniture belonging to each of them. This exemption does not apply in the city of New York unless the buildings are used exclusively for said

purposes.

4. Every poorhouse, almshouse, house of industry, and every house belonging to a company incorporated for the reformation of offenders or to improve the moral condition of seamen, and the real and personal property used for such purposes belonging to or connected with the same.

5. The real and personal property of every public library.

6. All stocks owned by the state or by literary or charitable institutions. This exemption is for the benefit of the state or the literary or charitable institutions owning such stocks, and not for the benefit of the corporations.

7. The personal estate of every incorporated company not made liable to taxation on its capital.

8. The personal property of every minister of the Gospel, or priest of any denomination, and the real estate

of such minister or priest when occu

personal estate do not exceed the value of $1500.

9. All property exempted by law from execution.

And also, by special enactments10. The Mint, or branch Mint, of the United States in the city of New York; lands, buildings, machinery, bullion, metal, coin therein.

11. The Assay Office of the United States in the city of New York; land, buildings, machinery, metal, bullion, coin, bars, ingots therein.

12. All lands held by any agricultural society, and permanently used for show-grounds, during the time so used.

13. Deposits in savings banks due to depositors, and accumulations in any life insurance company organised under the laws of the state, so far as held for the exclusive benefit of the assured.

14. The portion of property, real and personal, of the Society of the New York Hospital, a charitable corporation located in the city and county of New York, from which no income is derived.

15. 4 per cent bonds and stocks issued by the commissioners of "the sinking fund of the city of New York for the redemption of the city debt," are exempt from taxation by the city and county of New York, but not from state taxation.

16. All vessels registered at any port in the state, and owned by American citizens, &c., engaged in ocean commerce with any foreign port, are exempt from all taxation in the state for state and local purposes; and all such corporations, all of whose vessels are employed between foreign

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